Week 9: Assessment is a Nuisance

Since this entry is mostly focusing on the completion of Assignment 2, and since I have already received feedback for this assignment at the time of writing this, firstly I like to say is once again Anna has provided excellent feedback.

But I digress, on completing Assignment 2 my thoughts with the following. The hardest part of this assignment was identifying all of the minor issues, and trying to work out what the interaction between the minor and the main issues were. In doing so this made the structure of the assignment very messy, as I probably focused on the minor issues too much instead of dispatching them with one or two sentences. In the initial reading of the scenario I was able to easily identify the major issues of each scenario, and the first two scenarios were fairly straightforward, but the last scenario was the most convoluted, and as such caused the most grief.

Unlike some prior assignments, I did not do multiple drafts for this one, so doing a second draft may have improved this however that we have required more time. I generally look at the criteria sheets at the commencement of assessment, and as such doing the self assessment was not new for me as I will generally work with the criteria in mind and also have a good idea after submitting the assignment what mark I am likely to get. If I had more time to work on the assignment, I would have gone the self-evaluation a day or so after completing the assignment rather than on the night of the completion, as I felt that having that fresh look at the assignment would have resulted in slightly more critical evaluation, similar to the comments that the marker made. This then may have resulted in structural changes to the assessment depending on remaining time.

However all things considered I am sufficiently happy with the quality of the material that I submitted, and really appreciate the feedback that was provided, considering I know that Anna was not well at the time, and was under a lot of stress trying to mark and return everyone’s assignments on time.

Regarding the course materials from modules eight and nine, I found the nuisance topic to be fairly straightforward, although I was not previously aware of the distinction between private nuisance and public nuisance, although the rationale behind these two categories makes sense. My only gripe with the nuisance subject area would be how courts consider “coming to the nuisance” resulting in an action not being able to be pursued. Simply because you are unaware of the nuisance should not preclude you in being able to be compensated or for the nuisance to be prevented when you do become aware of it. However I suppose this is a delicate balancing act, as to what is reasonable awareness and what is not reasonable.

I was familiar with the concept of vicarious liability and how businesses try to avoid that through the engagement of independent contractors, although I had just did not know by that name. When I was working as a trainer at a registered training organisation (RTO), even though I was employed by the RTO to provide training, any mistakes or shortcomings in the training provided ultimately came back to bite me as I had signed it off, and I could be held responsible for those omissions. This naturally did not prevent the RTO from being vicariously liable, it just meant that one or another it would come back to haunt me. Hence the copious amounts of checks, double checks and triple checks and ensuring all the ‘i’ are  dotted  and the ‘t’s crossed!

Right, enough of this boring stuff… time for a picture! 🙂

nuisance-cartoon

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Posted on 17th May, 2015, in LAW and tagged . Bookmark the permalink. Leave a comment.

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